LAWYER SUSPENDED FOR DEFAULTS
In Matter of Stewart, Zelda Stewart’s client was injured while crossing the street, and retained Stewart to file a personal injury lawsuit against the City of New York and another party. When those defendants asked the court to dismiss the case, Stewart failed to respond to the motion and the New York County Supreme Court granted that request on default.
After that occurred, the client filed a complaint against Stewart with the Departmental Disciplinary Committee (DDC), and also sued Stewart for malpractice. While Stewart initially cooperated with the DDC, she failed to appear in the malpractice case and a default judgment of $50,000 was entered against her.
After neglecting to answer several letters, phone calls, and even a subpoena requiring her to appear at a deposition, the DDC recommended that Stewart be suspended from the practice of law.
As a result of her misconduct, the Appellate Division, First Department, “immediately” suspended Stewart while the DDC’s investigation continued.
De-faults lie with this lawyer.
To download a copy of the Appellate Division’s decision, please use this link: Matter of Stewart
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Comments
After failing to answer the summons in the malpractice matter, plaintiff moved for an inquest. At the motion term, Ms Stewart appeared and sought an adjournment.
By apperaring as a lawyer before the court, and with the consent of plaintiff's counsel, the defendant submitted herself to the jurisdiction of the court, and she was given time to make an answer to the summons and complaint. Defendant continued her default and did not make answer. Inquest was granted.
After being suspended from the practice of law, defendant moved twice to vacate the judgment.
Ms. Stewart gives a Post Office Box as her residence address in the business district of New York City.
Posted by: thomas wilson | April 27, 2008 11:09 AM
I am the person who sued Attorney Stewart for malpractice. The judge ordered her to pay the $50.00. As of June 13, 2008, she has filed a notice of appeal with the Appellate Court. I don't understand why no one is leaning on her bank accounts and other assets. Now my attorney, Thomas Wilson said he cannot find her. What can I do? I thought the Displinary Board would do something about me getting this money so this can be over and done with. Please help!
Posted by: Linda Lane | June 27, 2008 3:30 PM